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Programs in Technology Law



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Data Breach Investigations: Ethical Considerations for In-House Counsel when Publicly Reporting a Security Incident

Program Number: 2512 Presenter: Jennifer Kies Mammen, Esq., Jena M. Valdetero, Esq, David A. Zetoony, Esq.

David Zetoony, Jena M. Valdetero and Jennifer Mammen discuss ethical issues that typically arise when an organization considers whether to report a security incident and what information about the incident should be publicly conveyed. Topics include questions of confidentiality and conflict in the context of managing public relations/communications consultants, determining whether to report an incident, and communicating with law enforcement. Specific ethical rules, cases, opinions to be discussed include: ABA Model Rules (e.g., Confidentiality of Information (1.6), Conflict of Interest (1.7), Organization as client (1.13), Duties to prospective client (1.18), Advisor (2.1), Lawyer as witness (3.7), Truthfulness in statements to others (4.1)); Upjohn; and various state bar ethics opinions.

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Data Security and Credit Cards for In-House Counsel: How Your Organization’s Contractual Relationship with Credit Card Processors Is Changing

Program Number: 2510 Presenter: Jennifer L. Crowder, Esq., Courtney K. Stout, Esq.

A liability shift is forcing credit and debit card transactions to be conducted using chip-based (i.e., EMV) payment cards by 2015. This transition could impact your organization in more ways than one. Join us for this important discussion of new requirements of the payment card network rules (i.e., Visa, MasterCard, American Express and Discover), the Payment Card Industry Data Security Standards (PCI DSS), and President Obama’s Executive Order (October 2014) regarding chip technology, and for additional measures (a combination of EMV, Tokenization and Encryption) that can be taken to increase your organization’s data security practices and procedures for your credit and debit card processing and Corporate Purchasing Card programs.

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Data Breach Investigations: Ethical Considerations for In-House Counsel when Investigating a Security Incident

Program Number: 2508 Presenter: Jennifer Kies Mammen, Esq., Jena M. Valdetero, Esq, David A. Zetoony, Esq.

Data security breaches are now unavoidable. The question is whether in-house counsel are prepared to deal with a breach when it occurs. In addition to the legal and practical questions that arise from a data breach, in-house counsel must often navigate several ethical dilemmas. David Zetoony, Jena M. Valdetero and Jennifer Mammen discuss ethical issues that typically arise when investigating a security incident. These include coordinating an incident response, interactions with employees that may be responsible for causing a security incident, and managing external resources such as forensic investigators and outside counsel. The program focuses on issues of confidentiality and conflicts. Specific ethical rules, cases, opinions to be discussed include: ABA Model Rules (e.g., Confidentiality of Information (1.6), Conflict of Interest (1.7), Organization as client (1.13), Duties to prospective client (1.18), Advisor (2.1), Lawyer as witness (3.7), Truthfulness in statements to others (4.1)); Upjohn; and various state bar ethics opinions.

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Ban-the-Box and Other Pre-Employment Dilemmas: Finding Qualified Candidates without Finding Trouble

Program Number: 2507 Presenter: Natasha B. Dorsey, Esq., John L. Litchfield, Esq., Christopher G. Ward, Esq.

Finding qualified applicants for jobs is a constant challenge for employers for reasons going well past identifying individuals with the necessary skills, experience, training and education. Beyond finding strong candidates for particular positions, employers also have responsibilities to identify candidates who fit with a company’s culture, who will work well with others, and who will be trustworthy and help solve, rather than create, employment-related issues. As a result, many employers have adopted processes designed to identify latent issues with applicants, such as criminal history inquiries and background checks. While for many years employers took these steps with relatively limited legal restriction or government oversight, trends such as “ban-the box” are now sweeping across the country, and agencies like the Equal Employment Opportunity Commission are taking aggressive action to combat perceived areas for potential discrimination and unfairness in pre-employment inquiries. In this program of particular interest to in-house lawyers, Foley &

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Litigation Holds: The Ethical Challenges Counsel Continue to Face

Program Number: 2455 Presenter: Irene Savanis Fiorentinos, Esq., Morgan R. Hirst, Esq.

In-house counsel as well as outside counsel must continue to address the ethical questions and pitfalls involved in the need to issue and follow litigation holds. Join Jones Day attorneys Irene Fiorentinos and Morgan Hirst as they provide an update on key preservation and spoliation decisions in this important program for all attorneys. ABA Model Rules of Professional Conduct 1.1, 3.2 and 3.4, Federal Rule of Civil Procedure 26, and case law, including Chin v. Port Auth. of N.Y. & N.J., 685 F.3d 135 (2d Cir. 2012), are discussed as they apply to proper preservation.

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The Changing Face of Privacy Law in the Internet of Things (IoT)

Program Number: 2452 Presenter: Jason D. Haislmaier, Esq.

The “Internet of Things” has brought countless interconnected devices and services into our daily lives and is also producing explosive changes in the way personal data is collected, shared, and used. These changes have created new challenges for businesses, whether they are involved in providing or using IoT technology. Join Jason Haislmaier for a discussion of these challenges and the established and emerging legal standards, regulatory requirements, and best practices for data privacy in the Internet of Things.

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How In-House Counsel Can Be Ready for the Legal Issues that Arise Following a Credit Card Breach

Program Number: 2449 Presenter: David A. Zetoony, Esq.

The truth is that you can no more prevent a data breach than other types of crime against your organization such as robbery or theft. In-house counsel can have a huge impact, however, on the impact that a data breach has on an organization, including how quickly the organization identifies, investigates, and remediates a breach; how an organization communicates with partners, impacted individuals, regulators, and the media; whether the organization complies with contractual and regulatory obligations; and minimizing the potential for class actions and/or potential liability if litigation is filed. Join Bryan Cave partner David Zetoony, who examines 10 key legal documents which have an impact on an organization’s ability to effectively respond to a data breach and explains the significance of each document, how the document comes into play after a breach occurs, and what provisions within each document to be familiar with before a breach.

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The Law of Commercial Unmanned Aircraft Systems

Program Number: 2446 Presenter: Thomas R. DeCesar, Esq., Edward J. Fishman, James B. Insco II, Esq., Martin L. Stern, Esq.

K&L Gates attorneys Ed Fishman, Marty Stern, Jim Insco and Tom DeCesar provide an overview of the current state of U.S. law in relation to unmanned aircraft systems (UAS) used for commercial purposes, and where the legal landscape is headed. The program covers current FAA guidance/regulations related to UAS (which are often referred to as drones in the general media), legal hurdles and paths to compliance (including Section 333 exemptions and experimental certificates of airworthiness), and FAA enforcement activities. In addition, the presenters preview the FAA’s anticipated small UAS rulemaking, and some of the legal issues expected to develop in relation to commercial UAS activities over the coming years, such as privacy, property rights, and state restrictions on UAS operations.

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IT Outsourcing Today—Insights and Tips for In-House Counsel on Successfully Contracting in the New Economy

Program Number: 2444 Presenter: Matthew A. Karlyn, Esq. - Cooley LLP

Recent reports and studies of the outsourcing industry have demonstrated that higher deal volume with lower per deal value is becoming increasingly the norm among companies that outsource all or components of their IT infrastructure. While outsourcing activity shows few, if any, signs of slowing down, contract value on a per deal basis is steadily shrinking, and as the outsourcing market in the post-recessionary economy has matured, deal structure and contracting strategy have also changed. Join Matt Karlyn, a partner in the technology transactions group of Cooley LLP and a strategic sourcing expert, as he discusses the current outsourcing environment and offers advice on how to successfully structure and negotiate transactions and agreements in today’s economy.

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Taking the "Shhh" out of Trade Secrets: What Counsel Should Know about Protecting the "Secret Sauce"

Program Number: 2440 Presenter: Aaron Tantleff, Esq.

The concept of “trade secrets” and everything relating to them--defining what they are and how they can be used, who they can be shared with and how, understanding and valuing them, and protecting them from industrial espionage or misuse by departing employees—has always been somewhat nebulous in principle and even more so in practice. While most companies claim to have trade secrets, and need to protect those secrets to maintain their competitive advantages and unique elements, unless they are obvious secrets, such as the formula for Coca-Cola or “the Colonel’s” 11 herbs and spices, it can be difficult to document just what is a trade secret and the law will not necessarily recognize it as such. With the emergence of a worldwide economy, globalization, development of information networks capable of rapidly moving sensitive data, and the increased focus on new technology as a business driver, a company’s legal

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